The Department of Homeland Security (DHS) has changed one of its main policies of requiring a negative Covid-19 test for some international travellers entering the United States. Specifically, this measure has been adopted in relation to certain non-immigrants, U.S. citizens, or green card holders (LPRs) who have been present in Ukraine, but are seeking re-entrance to America. This announcement is to better explain how entry into the U.S. will work for such individuals.
Depending on where you look online, you might get different results, or simply outdated information regarding Ukraine and information for Covid-19 protocols. To clarify, this blog will serve as an appropriate resource for up-to-date information regarding the above mentioned classes of immigrants and non-immigrants.
Right now, the United States still has a negative Covid-19 test requirement for anyone entering the United States for touristic purposes, including U.S. citizens who are returning back home. However, in regard to the developing situation in Ukraine, and in reference to the above categories of individuals mentioned, the following guidance is in place:
1. Non-U.S. citizen non-immigrants can enter the United States without a negative Covid-19 test if they were present in Ukraine as of February 10th and are travelling back to the U.S. with a green card holder or U.S. citizen.
2. U.S. citizens don’t need to be accompanied by anyone in order to satisfy the conditions of being exempt from a negative Covid-19 test when returning from Ukraine.
3. This rule will be held in place by DHS until April 1st, 2022 when it will be reviewed further by the Secretary of Homeland Security, Alejandro Mayorkas.
Keep in mind that the following orders have been confirmed by the DHS, and they only apply to the above mentioned classes of U.S. citizens, green card holders, and non-citizen non-immigrant visa holders. In other words, this specific directive does not apply to Ukrainians directly, but moreso U.S. citizens and U.S. green card holders who might be volunteering abroad, or working in some capacity in Ukraine.
What is the National Interest?
The DHS in conjunction with the CDC have permitted the entry of certain persons from Ukraine back to the United States because of a national interest determination. The national interest is a concept that can be best defined as the rationality of government based on nation’s goals: whether they are military, cultural, economic, etc. In this case, U.S. officials believed that the importance of returning green card holders and U.S. citizens from Ukraine safely supplanted the need for proof of a negative Covid-19 test 24 hours before departure.
